sdrishth as it does to the gentlemen that lives across the street. i'm happy and proud to be the caretaker for them. i wake up every day and thank that i havee

>> professor: good afternoon, welcome to the san francisco board of supervisors meeting of tuesday, october 2nd, 2012. madam clerk, could you please call the roll? >> supervisor avalos? present. supervisor campos? present. is president chiu? present. elsbernd present. farrell absent. kim present. supervisor mar? mar present. supervisor olague? olague present. supervisor wiener? wiener present. mr. president, you have a quorum. >> thank you. colleagues, given the fact our colleague supervisor farrell and his wife just had a baby, kane farrell who clocked in at 9 pounds 8 ounces if we could have a notion to excuse supervisor farrell today.

without objection, he shall be excused. ladies and gentlemen, would you please join us in the pledge of allegiance. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands; one nation under god, indivisible, with liberty and justice for all. >> unless a member would like to discuss an item it shall be severed and considered separately. >> colleaguesv, any items to be severed? roll call on items 1, through 3. >> supervisor olague? olague aye. wiener aye. supervisor average los? avalos? aye. campos aye.

chiu aye. supervisor chu aye. supervisor kim aye. supervisor mar aye. there are 10 ayes. >> the item is passed on the first treed and the resolution is adopted. item 4. >> item 4 is 120898, successor agency to the former redevelopment agency. implementing the state redevelopment dissolution law. >> item 4, supervisor olague. aye. supervisor wiener, aye. supervisor avalos? aye. supervisor campos? no. president chiu? aye. supervisor chu aye. cohen aye. supervisor elsbernd? aye. supervisor kim? aye. supervisor mar? aye. there are 9 ayes and one no. >> the the ordinance is finally passed. item 5.

>> item 5, ordinance appropriating $54 3.2 million from the proceed of sale of bonds for cap fail improvement projects to the airport commission for fiscal year 2012 through 2013 and placing appropriation and control is reserved pending the bond sale. >> roll call vote. >> on item 5, supervisor olague? aye. wiener? aye. supervisor avalos? aye. supervisor campos? aye. president chiu? aye. supervisor chu? aye. supervisor cohen? aye. supervisor elsbernd? aye. supervisor kim? kim aye. supervisor mar? aye. there are 10 ayes. >> the item is passed. the ordinance is finally passed. item 6. >> item 6 is an ordinance amending the transportation code to restrict large vehicle parking between the hours of 12:00 a.m. and 6:00 a.m. from the municipal transportation

agency signs are posted providing notice. >> roll call is vote. >> on item 6, supervisor olague? no. wiener aye. supervisor avalos? no. supervisor campos? no. president chiu? aye. supervisor chu? aye. supervisor cohen? aye. supervisor elsbernd? aye. supervisor kim? kim no. supervisor mar? aye. there are 6 ayes and four no's. >> the ordinance is finally passed. item 7. >> item 7 is an ordinance amending the police code to subject individuals and entities who own significant numbers of foreclosed properties to increase civil penalties for failing to maintain their properties. >> roll call vote. >> on item 7, supervisor olague? aye. supervisor wiener? aye. supervisor avalos? aye.

supervisor campos? aye. president chiu? aye. supervisor chu? aye. supervisor cohen? aye. supervisor elsbernd? aye. supervisor kim? aye. supervisor mar? aye. there are 10 ayes. >> the ordinance is finally passed. item 8. >> item 8 is an ordinance ordering the vacation of easement and approving a sale of 77,000 of the city's interest in easement located at 14 07 0 1435 market street. >> colleagues, can we do this item same house, same call? this ordinance is finally passed. next item. >> item 9 is an ordinance amending the planning code adding a new section to increase the transit impact development fee rates, revise the exemptions and credits, and clarify the implementation and collection. >> supervisor wiener. >> i'd like to move to continue

this two weeks to october 16th. >> supervisor wiener has made a motion to continue this item to the 16th of october. seconded by supervisor olague. colleagues, without objection, that shall be the case. item 10. >> item 10 is a resolution approving updated security provisions for the america's cup lease disposition agreement. >> colleagues, can we do this same house same call? without objection, this resolution is adopted. item 11. >> item 11 is a resolution approving a contract with new flyer america, inc., to purchase 45 low floor diesel hybrid buses in an amount not to exceed appro 36.9 million. ximately>> supervisor wiener. >> thank you, mr. president. this resolution approved the purchase of 45 new buses for muni to replace its very aging fleet and also a number of other vehicles. i think we all know that one of

the things at the core of muni's challenges is its aging infrastructure which absolutely has to be upgraded. it's been neglected for too long. this includes vehicles that are at or past their useful life as well as other infrastructure challenges around tracks and signals and switches, et cetera * . so, this contract will move muni in the right direction by replacing and revamping its vehicles. and, so, colleagues, i respectfully request your support. >> supervisor campos. >> thank you, mr. president. i want to thank supervisor wiener for bringing this item forward. and i'm obviously supportive of muni purchasing these vehicles. i just had a question. i know that in the past when prior vehicles were purchased and it's something that came up in our discussion at the county transportation authority, it

wasn't -- there wasn't a robust maintenance plan for those vehicles. i'm wondering if we could hear a little about that issue to make sure as we're making that investment that there is a maintenance plan that is in place to make sure that we take care of this investment. >> is there a representative from the mta? supervisor wiener? >> through the president, oh, we do have a representative here. i will just note before we get to the mta that in the current budget that we just adopted and the mta adopted for the first time in a long time, mta included a significant increase in its maintenance budget. and that was a positive topic

of conversation at the time. and, so, personally i feel -- i believe that muni is moving in the right direction in terms of maintenance. but i'll turn it over to the mta. >> my name is nelson hou and i'm from san francisco muni. to answer your question, supervisor, yes, there is a maintenance plan. and as supervisor wiener said, we increased the budget in order to be able to meet the maintenance requirements for all our vehicles. >> and if a may, is the maintenance plan specific to these vehicles? >> it's actually for all the vehicles which is trolleys and diesel buses, hybrid buses. >> i'm wondering if maybe -- and i'll be supporting this item, but maybe if you could follow-up, give me a copy of that maintenance plan and especially any reference to these vehicles that were being purchased, i think that would be helpful. >> yes, i will provide it. >> thank you. >> colleagues, can we take this

item same house same call? without objection, this resolution is adopted. next item. >> item 12 is a resolution authorizing a renewal lease agreement which are the communications equipment from american towers at 99 moultrie for use by the department of technology, the department of emergency management, the police department and the municipal transportation agency. >> same house same call? this resolution is adopted. item 13. >> item 13 is an ordinance amending the administrative code to repeal provisions extending the expiration date of the 2003 minority women and local business enterprise ordinance. >> same house same call. this ordinance is passed in the first reading. item 14. >> item 14, determining that the premises to premises transfer of a type 48 on sale general public premises liquor license from 2700 16th street to 398 12th street will serve the public convenience. >> supervisor kim. >> thank you. i just want to acknowledge this item because i know that it has been one that the board, many members of this board of supervisors has been longing over the last year and a half since the eagle first closed last april of 2011. the eagle as many of you know is a long-time lgbt institution in the south of market and has been serving this community for

decades and has one known for its fund-raising capacity through the bus, supporting many lgbt and many other nonprofit associations. and it just is a social hub for this neighborhood and for many folks. since it closed last year there has been a lot of concerns and a lot of different folks who have tried to revive the eagle in western soma to bring this institution back online. and as many of you have heard, this issue has been finally resolved a month ago where there is finally a negotiated deal a graced upon between the existing property owner and the owner, alex and michael who are actually here. alex and mike who are in the audience here today to reopen this site. so, i'm happy that this item has come before us today and will be supporting this item. >> supervisor wiener. >> thank you, mr. president. and i want to second supervisor

kim's remarks. this has been a -- it's been a real roller coaster year and a half since the eagle closed out and even before. and i know back to when we did a sit-in at the skylark one night, there was all sorts of ups and downs during the course of the efforts to keep the eagle alive and to get it reopened once it closed. and i want to thank everyone in the community who has been involved. i want to thank alex and mike for taking this on because it's not an easy task. there is a lot of work that has to be done there. but i am extremely supportive not just of the liquor license transfer, but of making sure we all work together to make the eagle a success. >> supervisor campos. >> thank you very much, mr. president. i do want to thank -- echo the comments of my colleagues,

supervisors kim and wiener. and also take the time to thank mike and alex, once again, for the investment that they're making and the commitment they're making to this institution. ultimately the successor failure of this business will depend largely on the level of involvement by the community. and, so, it is our hope that the entire community -- and it's not just the lgbt community because it is an institution that has welcomed everyone -- will take the time to visit the eagle and do whatever we can to make sure this institution is successful. i think it presents an opportunity to be given a new face, a new chapter, if you will, in the history of the eagle and i'm excited about what will be witnessed. thank you. >> supervisor olague. >> i just want to thank you for your efforts and your sacrifices and your investment

in this. it's going to be great. i look forward to the opening celebration and all of us inviting the new archbishop to celebrate with us. how about that? thank you. >> thank you. with that, colleagues, can we take this item same house same call? without objection, this resolution is adopted. next item. >> item 15 is a resolution

determining that the issuance of a type 42 on-sale beer and wine for a public premises bar license, for 937 geary street will serve the public convenience. >> same house same call? this resolution is adopted. item 16. >> item 16, resolution determining that the transfer of a type 48 on sale general public liquor license from 22 37 mason street to 22 powell street will serve the public convenience. >> same house same call? this resolution is adopted. next item. >> item 17 is an ordinance amending the general plan by adopting the 2012 community safety element update. >> supervisor wiener. >> thank you. this community safety element update required by state law is an important part of our city's general plan. it sets a framework to guide the city's actions in preparing for and responding to and recovering from major disaster. the element establishes

policies to protect san francisco from risks associated with natural and human-made disasters, facilitate community resiliency after disaster happens. it includes lessons learned from recent natural disasters including helicopter and the erin burnetttion quake in gentleman pa*e pan. this is the first ip date since 1997 and a close collaboration among numerous agencies. it focuses on seismic hazards, particularly because of the incredible risks to life and property, the result from earthquakes. colleagues, this is a very important step forward for us in making sure we can address the future risks of disaster in the city and i ask for your support. >> colleagues, can we take this item same house same call? without objection, this ordinance is passed in the first read. item 18. >> item 18 is an ordinance amending the planning code regarding the threshold for application of inclusionary a ffordable housing program. >> colleagues, same house, same call? supervisor kim. >> thank you. i just wanted to say a few words about this legislation before us today. as many of you know, this is legislation that follows the housing trust fund charter amendment which our board put on the ballot for this november of 2012. this legislation was really the conclusion of a very long process to build consensus for

support to build more affordable housing here in the city and county of san francisco. as you know, we have already tried a few times, both in 2002 and 2006 to pass a bond to create to build affordable housing here in the city. both times and unfortunately those measures have failed. and i think through those efforts, many affordable housing advocates have learned that we need to build larger consensus and support to ensure a passage that -- so that we can allocate funding for something that is much needed in the city. through that, through the negotiations and discussions cfundsame from developers and

many of our builders. some incentives that they want to see in place for incentivizing development. one of those pieces is the one that is before us today which is to exclude buildings, that are between five to nine units from contributing to i did have many concerns along with many of our colleagues about the importance of the contributions from small builders. seeing the data and also hearing also from small

builders of the challenges of building in san francisco i concluded that this is good legislation >> item 19. >> experiencing technical difficulties; please stand by * for support. this motion is approved. >> part of the effort to continue to prevent wage theft in san francisco. the launch, i think marks the very first time that any local government has gone

>> technical difficulties; please stand by >> and was instrumental in the creation of proposition 8 against gay marriage and has made comments that catholic practitioners from the queer community abstein from holy community. recently the same persona apologized for his arrested on suspicion of drunk driving, behavior that he thought brought shame and disgrace on himself and the church. i wish he would issue a similar apology to the queer community. many in our community take years to accept their identity and sometimes longer still to return to their faith. these words are lacking in compassion and in many ways seem to defy the very basic principles of the new

testament, values that include love, acceptance, tolerance and understanding. >> thank you, supervisor olague. supervisor campos. >> thank you very much, madam clerk. i just want to add my 2 cents to the statement by supervisor olague. we welcome the new archbishop to the city and county of san francisco. i believe that he officially takes office on thursday of this week. you know, san francisco has always been a very welcoming place and it is in that spirit that we extend an invitation to the archbishop to work with every member of the catholic community in the city and county of san francisco, including many of us who have been raised catholic and are practicing catholic, but who happen to be lgbt.

it is my hope that as he takes over his very important position in the city and county of san francisco that he will be someone who will embrace the entirety of the catholic community, and that means many in the lgbt community. and i think that it's really about the emphasis and the hope is that we can focus on things where there is common ground. i appreciate and respect the work that he has done on behalf of the poor, on behalf of many immigrants including undocumented people. and it is my hope that in that same spirit that we can work on ways in which we can find some common ground instead of some of the divisive statements that have come out. not only the statement denouncing same sex marriage, but the idea that as an openly gay man or a member of the lgbt community, you're somehow precluded from communion. i think that's the kind of

approach that brings people together, which as a catholic and as someone who believes in the teachings of christianity, i think christianity is ultimately about compassion and acceptance and respect for every individual. so, it is in that hope and in that spirit that we welcome him to san francisco and hope that we can forge a different relationship between him and the lgbt community, the rest i submit. >> thank you, supervisor campos. supervisor avalos. >> thank you, madam clerk. colleagues, i don't have any items for introduction, but a couple comments i wanted to make. one is that on my personal facebook page there is a call out for questions for question time, questions to ask the mayor for next week. we have questions that are due 12:00 noon tomorrow and i'm actually doing something a little different, trying to call out to the public, people in my district and beyond my district for people who want to actually submit questions to me to submit to the mayor.

the one thing i think i can do in terms of trying to make question time a little more exciting, because the way we have it set upright now it's a little bit constrained. so, hopefully we'll have, you know, some fun questions come up for next week and that's on my facebook page which people might be able to access fairly easily. the other thing is i don't have an item for introduction on there, but i want to indicate that i want to work with colleagues on the issue of how our current economic boom is affecting neighborhoods and affecting small businesses in san francisco. there was a really interesting discussion on michael's forum last tuesday, david talbot who has an article in the magazine, season of the witch, talking about whether we're a city of enlightenment or a city of applications or apps. i think where we have great

business boom that's happening right now in the city, we're seeing the impacts of that are dramatic. i just got a call last night from my neighborhood video store, actually supervisor campos' neighborhood store, four star video which is closing its store, can no longer afford to pay the rent for the cost of doing business in san francisco and it's actually a pretty well used video store. i go in there all the time. it's always full of people. i heard iron rock is having their rent increase by about $10,000 i don't know if that's a year or a month. that is a significant amount of monday i. another business on valencia street, a great neighborhood serving business, 7 80 cafe is actually having their rent raised $5,000. i believe that could be a month or a year. we're seeing major, major changes that are affecting businesses that are established by san franciscans struggling in the city. we owe it to ourselves to figure out how we're going to be able to maintain the great

diversity we have in san francisco and how we can make sure that our economic system that we have here can lift all boats, not just a few. and i know i just talked with supervisor campos. he's interested in working on a hearing in that regard and i'm interested in working with him on that. but i think we really have to be cognizant of the city and the county and the government how we can make sure we're spreading the wealth to areas that really need it in san francisco. that's my other comment. thanks. >> thank you, supervisor avalos. supervisor mar. >> thank you. colleagues, today i'm introducing a resolution calling on the board to support proposition 30 and 38 on the state ballot. the state has clearly failed to adequately fund our schools. the lack of funding at the state level has led -- and de funding over the past few years has led to tare plenty did you say reduction in class or increases in class sizes, laying off of our dedicated teachers and staff, and